77.5
-
-
Reasonable Access to Decent Work
60
80
80
75
80
100
100
100
100
0
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the legislation or collective negotiation set and determine the minimum wages in the country? | Yes | 1 | §81 of the Codification of the Labour Code, 2005-17 | |
| Does the law require regular and timely payment of wages? | No | 0 | §83 & 84 of the Codification of the Labour Code, 2005-17 | |
| Does the law require overtime compensation to be at least 125% of the regular hourly rate? | Yes | 1 | §55 of the Codification of the Labour Code, 2005-17 | |
| Does the law require any additional compensation for working on a weekly rest day? | No | 0 | §50, 52, 53 & 55 of the Codification of the Labour Code, 2005-17 | |
| Does the law require additional compensation for night work? | Yes | 1 | §549 of the Codification of the Labour Code, 2005-17 |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law stipulate general weekly working hours as 48 hours or lower? | Yes | 1 | §47 of the Codification of the Labour Code, 2005-17 | |
| Does the law restrict maximum working hours, including overtime, to 56 hours per week? | Yes | 1 | §55 of the Codification of the Labour Code, 2005-17 | |
| Does the law require a paid weekly rest of at least 24 consecutive hours? | Yes | 1 | §50 & 51 of the Codification of the Labour Code, 2005-17 | |
| Does the law require paid public holidays? | Yes | 1 | §65 of the Codification of the Labour Code, 2005-17 | |
| Does the law require at least three working weeks of paid annual leave? | No | 0 | §69 of the Codification of the Labour Code, 2005-17 |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law require a written employment contract or employment particulars to be given to a worker on commencement of employment? | Yes | 1 | §65 of the Codification of the Labour Code, 2005-17 | |
| Does the law restrict the hiring of fixed-term contract workers? | No | 0 | No applicable legal provision could be located | |
| Does the law limit the length of the probation period, including renewals, to three months? | Yes | 1 | §15 of the Codification of the Labour Code, 2005-17 | |
| Does the law require a 30-day notice period before employment contract termination? | Yes | 1 | §184 & 193 of the Codification of the Labour Code, 2005-17 | |
| Does the law require severance pay at the rate of at least two weeks of wages for every year of service? | Yes | 1 | §185 & 188 of the Codification of the Labour Code, 2005-17 |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law require a four-month parental leave for parents? | Yes | 1 | §152.1 of the Codification of the Labour Code, 2005-17 | |
| Does the law require at least one week of paid paternity leave for fathers*? | Yes | 1 | §152 of the Codification of the Labour Code, 2005-17 | |
| Does the law require flexible working arrangements* for workers with family responsibilities? | No | 0 | §16 of the Codification of the Labour Code, 2005-17 | |
| Does the law require paid nursing breaks? | Yes | 1 | §155 of the Codification of the Labour Code, 2005-17 |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law prohibit inquiring about pregnancy during recruitment? | Yes | 1 | §43, 331 & 332 of the Constitutio of Ecuador, 2008; §2 of the Acuerdo No. MDT-2017-0082 relativo a Normativa para la Erradicación de la Discriminación en el Ámbito Laboral | |
| Does the law require maternity leave of at least 14 weeks? | No | 0 | §152(1) of the Codification of the Labour Code, 2005-17 | |
| Does the law require cash maternity benefits to be at least two-thirds (66.67%) of a worker's former wage? | Yes | 1 | §153 of the Codification of the Labour Code, 2005-17; §97 of the Estatuto Codificado del IESS | |
| Does the law require cash maternity benefits to be paid through a contributory social insurance or a universal benefits system or such benefits are an employer's liability? | Yes | 1 | §153 of the Codification of the Labour Code, 2005-17; §97 of the Estatuto Codificado del IESS; §105-106 of the Social Security Law, 2001 | |
| Does the law protect workers from dismissals during or on account of pregnancy? | Yes | 1 | §153, 154 & 174(3) of the Codification of the Labour Code, 2005-17 |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law require employers to provide free personal protective equipment to workers? | Yes | 1 | §11(5) & 187 of the Regulation No. 2393 | |
| Does the law require employers to train workers on health and safety Issues? | Yes | 1 | §91 & 187(h) of the Regulation No. 2393 | |
| Does the law restrict work that is prejudicial to the health of the mother or the child? | Yes | 1 | §29 of the Organic Law of the Right to Human Care, 2023 | |
| Does the law provide for employment injury benefits in the event of an occupational accident or disease? | Yes | 1 | §156 of the Social Security Law, 2001; §347-376 (Title IV- Occupational Risks) of the Codification of the Labour Code, 2005-17 |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law provide for an old age benefit? | Yes | 1 | §2-4, 164-165, & 184-185 of the Social Security Law, 2001 | |
| Does the law provide for survivors' benefits? | Yes | 1 | §2-4 & 209 of the Social Security Law, 2001 | |
| Does the law provide for unemployment benefits? | Yes | 1 | §2-4 & 170 of the Social Security Law, 2001 | |
| Does the law require paid sick leave (and sickness benefits) for the first six months of sickness? | Yes | 1 | §42(18), 174(1), 177-179 of the Labour Code, 2012; §3, 96, 106 & 107 of the Social Security Act; Website of the Instituto Ecuatoriano de Seguridad Social (IESS) | |
| Does the law provide for invalidity benefits? | Yes | 1 | §2-4 & 133-134 of the Social Security Law, 2001 |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law require equal remuneration for men and women workers for work of equal value? | Yes | 1 | §153, 154 & 174(3) of the Codification of the Labour Code, 2005-17 | |
| Does the law prohibit sexual harassment in employment? | Yes | 1 | §11(2), 77-78 & 166 of the Código Orgánico Integral Penal | |
| Does the law prohibit discrimination in employment matters? | Yes | 1 | §79 of the Codification of the Labour Code, 2005-17; §2 of the Acuerdo No. MDT-2017-0082 | |
| Does the law allow women to do the same job as men? | Yes | 1 | No restrictive legal provisions could be located | |
| Does the law guarantee basic labour protection to the platform workers? | Yes | 1 | §2-3 of the Social Security Law, 2001 |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law prohibit the employment of children? | Yes | 1 | §134 of the Codification of the Labour Code, 2005-17; §82 of the Childhood & Adolescence Code, 2003 | |
| Does the law set employment entry age equal to or higher than the compulsory schooling age? | Yes | 1 | §4, 38 & 42-43 of the Organic Intercultural Education Law, 2011 | |
| Does the law prohibit the employment of young persons in hazardous work under the age of 18 years? | Yes | 1 | §4-5 & 87 of the Childhood & Adolescence Code, 2003; §136-138 of the Codification of the Labour Code, 2005-17 | |
| Does the law prohibit forced labour? | Yes | 1 | §82, 91, 105 of the Integral Penal Code; §3 &138 of the Codification of the Labour Code, 2005-17 |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law allow workers to form and join unions of their own choice? | No | 0 | §326 of the Constitution of the Sovereign State of Ecuador 2008; §440-452 of the Work Code 2005 (as ammended in 2012); ITUC Global Rights Index 2024, Ecuador Profile; USDOS CRHRP 2023 (Ecuador) | |
| Does the law allow workers to bargain collectively with employers through their representative unions? | No | 0 | §326 of the Constitution of the Sovereign State of Ecuador 2008; §221-224 of the Work Code 2005 (as ammended in 2012); §26 of the Organic Law on Public Enterprises,2009; CEACR, C98, Obs. 2023;ITUC Global Rights Index 2024, Ecuador Profile; USDOS CRHRP 2023 (Ecuador) | |
| Does the law provide the right to strike? | No | 0 | §326 (14 & 15) of the Constitution of the Sovereign State of Ecuador 2008; § 467-479 & 514 of the Work Code 2005 (as ammended in 2012); §24 of the Organic Law on Public Enterprises,2009; CEACR, C87, DR 2023; ITUC Global Rights Index 2024, Ecuador Profile; USDOS CRHRP 2023 (Ecuador) | |
| Does the law prohibit imposing excessive sanctions against striking workers, including replacement of such workers? | No | 0 | §326 of the Constitution of the Sovereign State of Ecuador 2008; §501 & 503 of the Work Code 2005 (as ammended in 2012); §26 (g) of the Civil Service and Administrative Career Act, 2005; CEACR, C87, Obs. 2023; ITUC Global Rights Index 2024, Ecuador Profile |